USPTO Seeking Comment on Patent Eligibility Jurisprudence

By Andrew Nevill, Woodard Emhardt Henry Reeves & Wagner LLP

The USPTO is seeking comment on the current state of patent eligibility jurisprudence since the Alice and Mayo decisions by the Supreme Court in 2016, and the effect that these decision and subsequent decision by the Federal Circuit have had on investment and innovation.  These comments will be used in a report to be prepared by the USPTO.

All comments must be submitted through the Federal eRulemaking Portal at regulations.gov under the docket number PTO-P-2021-0032 and must be received by September 7, 2021. The USPTO is asking for comments not just from attorneys, but also from inventors, patent owners, licensees, academic institutions and other groups or individuals who are impacted by the United States patent system.  

A list of 13 questions is provided giving guidance on specific topics to discuss; however, this list is not limiting. As an example, some of these topics include how the current state of patent eligibility jurisprudence in the U.S. impacts the global strength of U.S. intellectual property and how the current state of patent eligibility jurisprudence affects the conduct of business in certain business areas. You can visit this page for more information and a full list of suggested topics.

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